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Updated about 2 years ago on . Most recent reply

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Casey McCann
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Bankruptcy by BUYER on a subject to deal. What happens?

Casey McCann
Posted

Hello knowledgeable people! I have a great deal on my table (subject to / Seller Finance). The numbers work for me, but the seller just asked me... "what happens if you claim bankruptcy?"  I did not have a good answer for the seller. I have found a lot of people talking about what if the seller claims bankruptcy, but I can't find anything about what if the BUYER claims bankruptcy.

I'm taking over a mortgage (subject to) in good standing at 2%!! Also, I have a seller-financed portion at 0%, with the seller in the second position. The seller wants to know what happens if I file for Bankruptcy. I will be using an LLC to do the deal.


I plan to include a "performance clause" to say that if I don't perform, the seller gets the deed back. Is this all we need to protect the seller?

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